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LIBRARY OF CONGRESS. 



Chap. 
Shelf 



7/ 



UNITED STATES OF AMERICA. 



Hon. Edward Dean Rand; 



A MEMORIAL ADDRESS 



ALBERT S. BATCHELLOR. 



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^^A 



Hon. Edward Dean Rand 



A MEMORIAL ADDRESS 



ALBERT S. BATCHELLOR. 



BEFORE THE GRAFTON AND COOS BAR ASSOCIATION, 

.^AT THE ANNUAL MEETING HELD AT 

LANCASTER, Jan. 29, 1886. 



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I-HINTK 
COIIOS .STKAM l-KKSS, 
HAVERHILL, N. H. 



HON. EDWARD DEAN RAND. 



Since the fonnation of tliis Association four of our 
brethren at the Bar have gone out from the fellowsliip of 
earth. They had all been men of mark, and successful in 
various lines of professional action. Each of them — 
Burrows, Duncan, Burns, and Kand — had dc^■eloJ)ed a 
personality worthy of commemoration. Appropriate me- 
morials of the life work of three of these, our former 
associates, have been inscribed for your archives by Avorthy 
hands. 

It is fitting that we cease for a time from the perplexing 
problems and the absorbing contentions of our calling, and 
consider the lessons to be drawn from the lives of the 
strong men who have fallen, after (jainins; manv ijoals 
that seem l)eyond our reach. 

Among the eminent men in the profession of the law, 
and indeed among the conspicuous followers of other call- 
ings, the leaders of the Bar in northern Xew Hampshire 
who immediately followed Joseph Bell could claim unques- 
tioned peerage. AYhile that generation of lawyers were in 
the full possession of the avenues of professional })restige, 
the brothers Charles W. and Edward Dean Hand enfered 
upon the career which in due time became so honorable. 
Each was so much the counterpart of the other, that it is 
with some degree of difficulty that we can analyze the 
character and work of either as a lawyer in the abstract 
sense. My acquaintance with tlicse brothers began in the 



4 HOX, EDWAHD DEAX RAM). 

courts just as the career of tlie elder was dr.iwing to a 
close, and I saw the other as he was passing' to that stage 
of life in which thenceforth he must act without the inspi- 
ration of the fraternal sympathy, confidence, and co-opera- 
tion, which had been his a score of years. 

The story of the ordinary events of Judge Rand's life 
has a place in the memorial which we offer, for in it we 
discover the elements of his success, and the things which 
gave direction to his endeavors, and determined their lim- 
itations. 

Hamlin Rand was of Connecticut origin, and was in 
trade for a few years at Bath, where his two sons, Charles 
White and Pxlwaixl Dean, were born. He removed to 
Lisbon afterwards and spent the remainder of his days in 
that town, continuing in merchantile pursuits. He was a 
man of jiositive character and substantial means. He gave 
his sons good educational opportunities. The brothers 
were fitted for college at the orthodox Cons'rejrational Sem- 
inary at ]Meriden, and graduated at the Methodist Univer- 
sity at Middletown, Conn. Neither of them, however, 
Avere much imbued with the theology of these institutions. 
On the contrary, both maintained liberal views on the 
subject with erpial unubtrusiveness and constancy from the 
time of our first acquaintance with them to the end. 
They were members of the college class of 1841. Charles 
would have occupied the first place in the class were it not 
for the fiict that in the final award of standing, Edward by 
a narrow margin Avas giAcn the primacA'. 

Judge M. T. Granger of Canaan, Conn., and the Rev. 
C. W. Pierce of Champaign, 111., Avere among his 'class- 
mates, and both in recent letters have given estimates of 
Judge Rand's character Avhich breathe a spirit of affection 



HON. EDWAKl) DEAN KAM>. ^ 

and deep and well touaded adiuirali<»n for the man, his 
abilities, his aeconipli.slnnents and his worth. 

From eollege he proceeded to Mississippi and engaged in 
teaching, and^thence to New Orleans, where he commenced 
the stndy of the law in 1844 and was admitted to the Bar 
in 1846. His preceptors Avere the memhers of the firms 
of Lockcll and :\Iicon, and Benjamin and :\Iicon. The 
senior member of the latter firm was Judah P. Benjamin, 
whose great f\ime as a statesman and a lawyer in two hem- 
ispheres has gone wherever the systems which he mastered 
are known and studied. It cannot be doul)ted that :Mr. 
Rand received imi)ressions fn>m this great character that 
were influential with him through life. His friends have 
,.ften l)cen entertained and instructed by his discourse upon 
those leaders of opinion in the South, with whom he had 
been thrown in contact. Keferring to this period of Mr. 
Eand's life, his cousin, the Hon. Ednumd Carleton Sprague 
of Buff-do, writes : - I remember the first talk that I had 
with him diu-ing my earliest visit at his house. I asked 
him why he had abandoned the wide career of New Orleans 
for Lisbon. I recollect his answer well. ' Because ' said 
he, ' leisure is one of the primal blessings of life ; leisure 
to pursue one's tastes and inclinations. That I can have 
here, and I would rather have it than all the wealth and 
honors of a crowded career.* I told him that I was of a 
different opinion : that to use the cx[)rcssion ..f a half-f.r-, 
gotten poet : 

• T.eisurt' is pain, takes otV our cliariot wlicols; 
How heavily we drag the load of life 1 
Blest leisure is our eurse; like that of Tain 
It drives us wandering all the earth around 
To fly that tyrant, Thought.' 
-1 think this is certainly true of a man endowed as 



b HON. p:i)Wai;i) dkax kaxd. 

Jiidne Hand was in a reniarkal)le deiiree, with variou.s and 
vigorous mental powers. They could not be satisfied with 
a dilletante existence, however refined. His knowledge of 
literature in his own and other languages Avas indeed 
extensive, and he doubtless enjoyed greatly the leisure 
which gave him so much time for general reading as 
well as for the society of his family and friends. l>ut 
even such an insatiable lover of books as Maeauley was 
unhappy in the absence of an acti\e public career, or t)f a 
prolonged and laborious task, like tlie history of England : 
and I think Judge Eand Avould have been a much hap[)ier 
man if his life had been more crowded with heavy respon- 
sibilities and large affairs, worthy of the highest powers of 
his mind. As it was, eminent as he was at the New 
Ham})shire Bar, and gratified as he was by his position 
upon a Itench whose character for learning and ability is 
recognized bv everv lawyer of large [)ractice in this country, 
lie had not, when I knew him, half enough to do. Tlie 
conserpience was, that he gave a large portion of his 
thouglits to those insoluble problems of human life and 
destiny which form the sul)ject, to so large an extent, of 
the beautiful poems which he left behind him, some of 
them not surpassed by any of the subjective poetry of our 
time ; and he devoted to them and to the i)etty details of 
daily life, powers which were capal)le of accomplishing 
great results for his familv, his ])rofession and his country." 
Mr. Ivand was in Xew Orleans eleven years as student 
and practitioner. The presumption is that this was the 
one in which, like other lawyers who do not have distinc- 
tion thrust upon them but achieve it, he was disciplining 
himself in the drudgery of the law. He soon proved 
himself capable of protracted and A\ell directed ])rofes- 



IIOX. EDAVAKl) DEAN KANF). ' 

sional labor, u[)on lii.s return to the north whieli oeeurred 
in 1855. He studied the eonnnon huv and delved in its 
reports and treatises. From that system of jurisprudence 
chiefly he reasoned and gave authority. In his opinions, 
briefs and oral arguments, he did not incorporate the 
learning of the civil law. This would indicate that the 
requirements of his occupation in New Orleans differed 
from those he encountered here in the matter of collateral 
studv. He always loved to recreate his mind in specula- 
tions in the domain of the higher law. There he found 
food for intellectual appetites that could not quite be sat- 
isfied with those occupations which lie within the strictest 
limits of ordinary practice. His reflections on the higher 
law he embodied in a Charge to the Jury while he was a 
member of the Circuit Court, and this was also elaborated 
as a Lyceum Lecture. The production was characterized 
by the author's beauty of diction, subtlety of argument 
and elevated moral tone in the full measure. 

At his return to Littleton in 1855 his brother had al- 
readv established the firm foundations of the business 
which eventually gave both financial success, political 
recognition and high rank in the profession. They were 
so unlike in their halfits of thought and preferences in the 
division of Ial)()r of the firm, that each was a1)le to perfect 
himself in a measure as a specialist. Charles assumed the 
direction of the preparation of causes for suit and trial, 
briefed the law and the facts, presented the cold fiicts to 
the jury and the cold law to the Court. Kdward took 
the responsibility of argument. Each in his si)here be- 
came an adept. The senior has told me that he believed 
every lawyer should carefully review Chitty's Pleadings 
every year, and it is not improbable that he did that or 



8 HOX. EDWAKI) DEAN ItAM). 

its equivalent. The other left no ap})ropriate means 
untried, Avhieh his ingenuity and industry could devise, to 
make him worthy ot" the office of advocate. They had 
their liberal education and the mental discipline which 
their early standing as students pre-supposes, their in- 
domitable industry, their natural aptitude for the lawyer's 
work, able Courts and w^ell developed legal literature at 
conunand, as guaranties of the accomplishment of a 
reasonable ambition. ]More than this they were confronted 
by such opponents as Woods, Goodall, Hey wood, Hib- 
bard, Bellows, the Binghams, Burns, Carpenter, Ladd 
and Bay. 

"Here in their hold, tlieir vassals near."' 

Not only were these brothers w^ell equipped for the con- 
flicts of the forum but they always had before them most 
})Otent incentives to success — causes of magnitude to 
demand their strongest efforts and " focmen worthy of 
tlieir steel." 

The division of the work of the partners to which refer- 
ence has been made necessarily gave a distinctive character 
to the professional accomplishments of each. The one was 
distinguished for proficiency in the department he adopted, 
and the other made the effectiveness of advocacy conspicu- 
ous in the Courts of this State and Vermont. 

These men had w^ell illustrated that precept of the Psalm 
of David — if indeed it may be held applicable to the frater- 
nity of the family. 

"Behold how good and pleasant it is 
For brethren to dwell together in unitj'." 

These relations had continued without interruption for 

nearly twenty years. This may be given as the substantial 

fact. For the purpose, of accuracy in detail it may be re- 



HON. KDWAIM) DKAN KAND. "^ 

me.nlK'ml that afUT ISCO, Kdwanl D. Kand .vsi.lcl an.l 
l.ad an otilce of the Hnn at Lisl.on ^\hiK■ his hn.ther con- 
tinued at Littlet..n. Durino- the protracted period of the 
last illness of the elder Kand, the business relations of the 
brothers were somewhat modified in x iew of the inevitalde 
dissolution which both were convince.l was rapidly ap- 

proaehino'. 

The death of Charles AV. Rand occurred at Littleton on 
the 3rd dav of Auo-u.t, 1874, and on the isth <.f the same 
month Edward D. Eand was appointed to the bench of the 

Circuit Court. 

Then began the transformation of the methods and hab- 
its of profe^ssional life which had been the -ra.lual growth 
of twenty years. The appointment to the bench made the 
transition less notable. The next two years with its new 
relations, new duties and new associations was the term ni 
which Judge Rand prepared himself for the third period of 
his professional life. He returned to the practice on the 2-2nd 
of July, 187(). The next nine years were those in which 
he was thrown upon his individual resources to a greater 
degree than ever before. He was associated at Concord 
foi^a time with John H. Albin, and for a time with A. F. 
L. Xorris. His principal employment then was in advoca- 
cy before juries, and in legal arguments befbre the Law 
Court. He was retained for the complainants in the cele- 
brated Prison Investigation of 1880, and made the closing 
ur-umcnt in the public hearing before the (iovernor and 
c(nmcil. This was published in pamphlet form by the 
frien.ls of prison reform. Though it was a strong presen- 
tation of that case, it did not rank anu.ng the best of his 
platfbrm effbrts. All of us have hcanl spee<-hes from his 
lips that fUr surpassed this one, b<,th in argument and 



10 HOX. EDWARD DEAX KAXD. 

eloquence. There is, nevertheless, much in tlie address 
that is characteristic of the man and it indicates his attitude 
in humanitarian movements and H'ives ii'limijses of his reliir- 
ious views. 

He resumed the practice in the coiu'ts of Grafton countv 
in earnest after these diversions. Mr. Harrv M. Morse 
became his junior in partnership. This gentleman earned 
the warm regard and full confidence of Judg-e Rand. He 
made the young lawyer more than student and [)artner. 
He held him closely to himself as the confidential friend, it 
may be in that large place in his heart which we know had 
been left by the destroyer, who spares neither friends in 
their fidelity nor brothers in their fraternal devotion. 

He displayed in these later years his powers of advocacy 
in the cases of the Pennacook and Xewbuiy Banks ; 
Laird vs. the Railroad : ]Mo(jre vs. the Insurance Co. ; 
Insurance Co. vs. Clark, and other important jury causes. 
He also grappled with the intricate litigation which for 
many years has been contested with great ])ersistency over 
rights of water and land on the Annnonoosuc river, and a 
multitude of matters of less unportance in the courts of 
equity and of the referees. His ]iainstaking ])reparation 
and unyielding persistence in this period was remarkable. 
He held to his client's rights and contested every inch until 
the cause of one i)arty or the other was demolished. Com- 
promise was a most inferior factor in his practice. Litiga- 
tion like that over the old Bungay Road and the White 
Mountains Railroad gave ample exercise of his staying 
powers in his earlier ex[)erience, and these were ne^er 
relaxed. The once celebrated Soapstone case, in Grafton 
County, he regarded as the one in which he had shown his 



IIOX. EDWAin: DEAN UAM). H 

own powers more fully and to Ix'tter purpose than any 
other with whieh he was eonneetrd. 

At the last Decenihrr law term of his life he came with 
difficulty before the Bar at Concord, in the case of ]\loore 
vs. Phcrnix Insurance Co., and fulfilled his last service to 
a client ; and while his aruunient came clear and strong, 
hut in falterinu" ]m-.\t\\ and halting speech, his brothers kept 
silence, with the known approval of the Chief Jnstiee, lest 
the first word of debate should sna],) the silver cord. 

Having been born Dec. 2t;, iSin, he was ni)wards of 
three score vears of age when, on the 14th of January last, 
" Dead he lay among his books." 

There were incidental features of iiis practice which are 
worthv of notice. He had a positive regard for the rules 
of the fee bill. In his ethic-s, a professional service ren- 
dered to a solvent client meant recomi)ense, and that, too, 
in accordance with the lawyer's agreement with his associ- 
ates at the Iku-. He enforced the rules. It was his 
remark that it was for the whole and not for th.e indiA idual 
to amend the connnon regulations. He was with (Irant in 
the proposition that law siiould l)e enforceil — if good, to 
displav the l)encficial result — if bad, that its mischiefs 
might be made apparent, and a rei)eal hastened. He col- 
lected what was his due and used it with ])rndence and 
economv. In his dealings with his fellow men he was at 
the same time strict, accurate and honest. His charities 
were never done in ostentation, and he has left the reccn-d 
of them only in the hearts of such as his bounty has made 

glad. 

" In the name of all that is most precious in life" he 
said, " in the name of all that deserves to be inunortal, let 
ais trv to render sacred bv conecalment the little good we 



12 HON. p:i)WA!tI) DEAX RAM). 

do. The benefits tliat flow from our little lives are liardly 
wortli talking: about, and if remembered at all. are better 
preserved in the memory of others than of ourselves." 

He had the courage of his convictions. Thus it was that 
at New Orleans he ignored their so-called code of honor, 
and though he never allowed his phvsical courage to be 
put in question in a righteous cause, he there proved his 
moral stamina l)y a direct refusal either to fight or apolo- 
gize for })ublicly expressing a correct oj»iniou concerning 
a disgraceful act. Though shot in the back for this Ijy the 
man who foi- once, at least, had heard the truth of himself, 
without a pulilic retraction, he never gave the miscreant act 
the dignity of public notice. 

In any controversy he pivfcrred to face his op})onents. 
He never hesitated to become a party to a joint debate. 
He met many of the public speakers of thirty yeai's ago on 
the platfoiMu. Joint debates were then vcrv nuich moi'c in 
vogue than at present. He challenged and met the Kev. 
Yj. I. Carpenter in ]»ublic discussion of the (juestion whether 
slavery had scri})tural sanction. Later on he also met 
Judge Poland in a series of six meetings in \\'rmont, and 
Judge Steele in a single discussion at Lisbon. Several 
years afterwards he res[»onded to an invitation of the Demo- 
crats of Newport, Vt., to re})resent them in joint debate 
with Senator Edmunds. 

tie was successful in business, for he was diligent in 
business. He divided his time by a system according to 
the necessities of business and the necessities of recreation. 
In neither was he ever intemperate, but in both he was 
always earnest and often enthusiastic. He made little use 
of strategy and none of subterfuge. He had little regard 
for a course of jtrocecdings that raised no s(piare contest- 



IIOX. EDWAIM) DEAN KAN I). 13 

nl)le istsue witli an opjuMient. lie had teni])or but he con- 
trolled it. He had his opinions of men with whom he came 
in contact. Those opinions were reserved for his own guid- 
ance in atl'airs, and wei-c not dealt out for pid^lic or private 
delectation. lie made his client's cause his own, believed 
in it, and never triHcd with the ])oj)ular convicticm of his 
sincerity before coiu't or jurv. lie had the art of conceal- 
ing art. If he had the good fortune to i)ut a rascal to 
confusion, he so managed that the incident would be taken 
as evidence of the other's moral weakness rather than the 
result of his own skill. He never coveted the a])plause of 
liystanders or of the Bar, as mere s[)ectators. Thus he 
came to be regarded as a sincere man who had no desire to 
compass results by deception. In this way he Avon verdicts. 
On one occasion he was the recipient of a significant compli- 
ment from a jnry. They were in disjmte after taking out 
the case, Avhich had been tried by able counsel before an 
eminent judge. It was agreed unanimously by the twehe 
that they would call for Kand's minutes and ]ia\e them 
settle the point. \ smart man, flippant, self-conscious, 
crafty and proud of displaying his craft, would never have 
this experience with a diA ided jury in the highest Court in 
the State. 

There were of course elements of weakness in his mental 
constitution and in his ccmduct of the responsilile business 
of legal practice. They were not such as would detract 
from what has been given in estimation of his character as a 
man. They were not such as to have a place here, for his 
piu'poses were always honorable, and with those purposes 
he strove to square his conduct. Some of the salient points 
of his career as a lawyer at the 15ar have been touched. 
Much has been of necessity ])assed by that has interest to 



14 HON. EDWARD DEAN KAND. 

you ; and my judgment lias of course often erred in the 
selection and presentation of the topics Avhich belong to 
this phase of his life. 

There are other directions in which his life may be 
studied Avith equal profit and interest. I shall take the 
liberty of giving an estimate of what Brother Kand was 
and what he accomplished as a Judge, in the language of 
another, avIk^ was an associate on the Bench and a sterling 
Judge. 

" Judge Rand, as you know, was a})})()intcd to tlie Bench 
of the Circuit Court in August, 1874, and held the })Osition 
only until the re-organization of the Courts in 18 7(), two 
years. His associates Avere Wm. L. Foster of Concord, 
Chief Justice, and the late Clinton AV. Stanley of Man- 
chester. By the act constituting that Court the duties of 
the Judges AA-ere confined to trial term AA'ork, except in cases 
AA-here one or more of the Judges of the Superior Court 
AA'ere disqualified to sit. The same legislature AA'hich remod- 
elled the Courts, establishing the Su})crior and Circuit 
Courts in })lace of the old Supreme Judicial Coiu't, also 
passed the famous referee Lnv, soon afterwards held to be 
at A'ariance Avith the Constitution on one point in Copj) vs. 
Henniker, 55 N. 11. 

" That laAV Avas interpreted by scAcral of the judges to 
require substantially all ci\il causes at law to be sent to 
referees for trial. The result AA'as that dui'ing the two years 
Judge Rand Avas on the Bench the legal business of the 
State was in some confusion and the practice in a some- 
AA'hat transitional condition. Comparatively fcAv jmy trials 
Avere had, and the opportunity afforded a nisi ^;>-««.9 judge 
to make a reputation, Avas for these reasons, less perhaps 



HON. EDWAKl) UEAN KANT). 



15 



than (luring- any other (Miual period ^inw the adojition of 
the Constitution. 

" AVhile it would not he true to i^ay that, under these 
eireumstanees he suceeeded in aehieving a great ju(hcial 
reputation, it would he (piite untrue to say that a fair 
opportunity was afforded him to do so. The time was too 
short for him even to disco\er his own capacity and aptitude 
for judicial Avork ; nuich more was it too short for any full 
and fair test of such capacity. Besides, as already sug- 
o-ested, the condition of things certainly was not in all 
respects propitious. 

" But even in this short time and under these rather 
imfiivorable circumstances I think it must be said that 
Judge Rand proved himself to be ])ossessed in a high 
degree of two at least of the noblest and most indispensible 
qualities of a judge, namely, honesty and courage. I 
declare with confidence that no man had ever just cause to 
question his unsullied integrity, and no man Avho knew him 
ever doubted that he would follow liis convictions whatever 
they might be. AVhenever he was called to sit in 
the law court his only anxiety Avas to get at the true 
application of sound legal principles to the facts of 
the case. He was conscientious, industrious, pains- 
taking. Never did it once come into his mind to look 
about and incpiire Avho was to lose or gain, who to be 
pleased or offended by the decision. lie never set himself 
to searching for ingenious words and plausible soundmg 
phrases with which to cover up or divert atti'ution frctm 
a perversion of the law Avhich he had undertaken to 
acc(miplish, because a i)lain and simple application of 
every-day legal principles would not lead to such a decision 
of the case in hand as he had determined beforehand to 



16 HON. EDWAKI) DEAN KAXD. 

l)rin<>- about. He did not deal in subtelties, nor tolerate 
residts "wliieli would not bear the light of day without 
rhetorical varnish or fine-spun causuistrv. All his methods 
of tliought'and^action Avere 0})en, direct, manly. He was 
a lover of truth and a lo\ er of justice. He knew right 
from wrong at'sight, and could distinguish between the two 
without any labored process of reasoning. He was sincere, 
candid and always open to conviction. He was not a pro- 
foundly lea^-iied lawyer and he did not, while on the Bencli, 
manifest the higlicst degree of skill in a})plying the princi- 
ples and doctrines of the conunon law to the vai-ying facts 
of the cases which came before him. I always thought his 
early training in the civil law and his practice in the 
Louisiana courts rather sto(»d in his Avay when, at a later 
period, he came to change that practice for ours. At any 
rate the studies of a consideral)le period of his early profes- 
sional life were by that means turned in a direction some- 
what different from that generally supposed to I)e necessary 
i\)Y the full ecjuipmcnt of a professor of our law. But it 
would l)e a mistake to sup])ose that Judge Band was not 
after all well versed in the literature of the conunon law. 
He read much and A\ell. He had a quick, receptive mind 
and a good memory. This was shown, as we can all 
testify, in his arguments before the full court, Avhere we 
have so often felt him to be a formidable antagonist. 

"And I tliink no one of us would be so rash as to venture 
the opinion that, wdth his fine intellectual endowments, his 
rare gift of language, his mental integrity and his studious 
and scholarly habits, a reasonably sufficient length of judi- 
cial experience would not have developed and brought to 
light in him all the qualities of an eminent as well as a 
useful and valuable judge."" 



HON. KDWAI.'I) I)I:A\ UAXI). 17 

Mv. liaiKTs domestic life was felicitous and exemplary. 
He married, XoNcinbcr 10, ISol!, Miss Joan II. Stevens 
of Ijittleton, a daii<i:liter of the late Ti'uman Stevens ot 
that place. Their only child is a daughter, Miss Kate E. 
Kand. AVife and daughter always sympathized with him 
in his worthy amljitions, his em[)loyments and his enjoy- 
ments. All vied together in making their home the abode 
of domestic comfort, genial hospitality and intellectual 
culture. To the many among you wlio have been welcomed 
there, the suggestion is sufficient elaboration. It was at 
home that ^Ir. Rand contrived to make his briefs, prepare 
his arguments, i)lan his legal battles, formulate judicial 
o[)inions, delve in the literature of all climes, burnish the 
oratory which was heard on the stump and in more exacting 
assemblies. There his gracefid verse took form and his best 
thoughts were finished. There his greatest worth was felt 
and fully appreciated, for there was the shrine to Avhich he 
brought the richest gifts his intellect and his Injnest man- 
hood had yielded. 

As a student of general literature ]Mr. Kand was the 
])eer of any of his contemporaries at the New Hampshire 
liar. AVe marvel at the extent of his attainments when 
we consider the exactions of a business so extensive as to 
yield the material rewards that he compassed. He had 
such familiarity with the French language that he spoke it 
to good purpose. He mastered the Italian so perfectly as 
to make its literature his recreation, as well as a favorite 
study in his later years. He made translations of graceful 
verse from the German. He made genuine poetry which 
will live by virtue of its own merit. He contributed more 
])erhaps than any other one of us to the literature of our 
Bar Association. He substituted [)olished addresses, 



18 HOX. EDWARD DEAX If AND. 

al)t)iiiHliiig 111 intbnnation and argument, for the ordinary 
harancfucs of demacou'v in political discussion. He main- 
tained extensiNc correspondence with literary and profes- 
sional friends in many States. He sought to cultivate an 
improved literary taste in his own vicinity by personal 
interest in the village library and other efforts in the same 
direction. His poems went out from time to time in peri- 
odicals of the day, but he seldom preserved the manuscripts 
or copies. Some have been published in a recent compila- 
tion of New Hampshire poetry. All that could be recovered, 
Avith selections from his prose wi-itings, \\qyc put in durable 
form for preservation in the elegant little volume for which 
we are indebted to his Lisl)on Library dissociates. In the 
indulgence of his literary tastes, and in the production of 
refined forms of literature, he placed himself in a class that 
lias contained the best minds in the profession. 

Chief Justice Smith was accustomed, in correspondence 
with his lady acquaintances, to employ verse, some of which 
is preserved in his biography. Chief Justice llichardson 
ke})t up with the literature of his time, and has embalmed 
some of the sweetest sentiments of life in the "Kiss of 
AVedded Love." Chief Justice Parker sometimes wandered 
" from black letters to light letters," and gave in verse 
' ' The Lawyer's Iveality " in rc})ly to ' ' The Lady's 
Vision." Chief Justice Cushing was in a long life-time 
proficient in music and facile in versification. Jonathan 
M. Sewall, Will. Plummer, Daniel AVebster, Matthew 
Harvey, X. G. Uphani, Edmund Burke, Clias. J. Fox and 
Harry Hibl)ard are among the earlier members of our bar 
who lia\e scattered verse along the highways and by-ways 
of the law. 

In such a "alaxv of le^al talent it need not be a cause of 



HON. r.DW.MM) DKAN KAM), 19 

appivlu'iisioii oil our part that hy the (•iilti\ atioii of such 
tastes and the .same crcatiNc powcr.s, wc shall debase the 
character of the modern bar in forensic i)roficieney. 

In social circles ^Nlr. Ivand's (jualities made him pre- 
eminent. His conversation was li<i]itenc(l hy never-failing 
funds of aneedoti', illustration, a[)t re[tart('e, (juiet humor 
and manners orave or gay as might be the occasion. He 
■svas e(pially interesting as a talker or as a listener. 

He was an excellent comedian. One of the [)resent 
Judges of the Supreme Court, some ten years ago, in 
giving some reminiscences of a dramatic club of local fame 
in Littleton said, Judge Kand woidd have become dis- 
tinguished as an actor had he dcNoted himself to that art. 
He was a good "diner out" and shone anu^ng the post- 
prandial champions. 

Bro. Chapman used to entertain the leaders of the liar 
and the Judges at his hospital)le home in term time at 
Haverhill. Tradition informs us that the daily sessions 
of the Court Club at Chapman's house escaped perennial 
fame only for want of a record of the fun and fancies that 
dropped and spai'kled like never failing fountain spray. 
At this point I have the good fortune to have the testimony 
of the gentleman who was the presiding di\inity at the 
Court Club, a sIdc qua non of these assemblies. I would 
quote from I>ro. Chapman's letter, but it will be gi\en you 
more fairly in its entirety by the public press. 

Our brother always found the safe medial wav l)etween 
abstinence and execs;? on occasions ctf social festivity. 
Tt)ni Hood's ode would ha\e been as appro])iiately ad- 
dressed to Judge Kand as to Roe AVilson : 

" I do enjoy tliis heautcous, limuitcmis caith 
Aud dote upon a jest. 



20 HOX, EDWAIID DEAN KANI). 

Witliin the limits of becoming mirtli. 

No solemn, santimonious face I pull 

Nor think I'm pious when I'm only bilious," 

It was a similar sentiment that he clothed in verse for us : 

" I pass not by the goodly cheer ; 

For we are those who have no lasting fear 

That all the flowery paths of life must tend 

Sheer downward to a melancholy end, 

And land the luckless traveller where 

His soul must be bej^ond the reach of prayer." 

The successful lawyer is often one w'ho holds important 
business relations in the community of which he is a 
member. This is almost a necessity of his position. 
Here the severest tests of honor and fidelity are applied. 
A professional acquaintance may not enable us accurately 
to measure the man by this criterion. I will o;ive the 
judgment of a neighbor and business associate who knew 
Mr. Rand more intimately than any of us. He says : 

" Mr. Rand was naturally very social in his feelings and 
enjoyed good society. In all his social relations he was 
a model man, always dealing with the utmost frankness 
with all who sought his advice or wanted his aid. He 
never condescended to use anything lun ing the least ap- 
pearance of flattery or deception, to gain an end, but 
sometimes seemed to give oiFence by a bluntness, not 
caused by unkindness but by strong con\icti()n. When 
standing by his convictions he never hesitated or (:^i\\e a 
doubtful answer. This seemed to a[)ply to all his relations 
in life. As a neighbor he was always kind and oI)liging 
and ready to aid in any way, to any reasonable extent. 

" He always felt a lively interest in anything that would 
promote the good order and prosperity of the town and the 
general interest of the conununily. He (Apposed anything 



HON. i:i)\vAi;i) dkan i;.\i;i). 21 

(•ak'iilated to lower the stniidard of ^ood morals, or 
eneourag-e disregard of law. lie was an eainest friend to 
temperance and all licnuine tenipeianee refi)rni, and ciiually 
opposed to all false pretense or iiuinhuu-. Education l)v 
the common school, hy a well selecti'd ]il)i'ar\ . or hy 
lectiu-es, found him always ready to contrilaite, in time oi' 
money, as might he needed. He was considerahly enuaged 
in business for a man of his profession, heing interested in 
several mills, in building-s and in huid. Without giving 
much time to matters outside of his law business, he always 
exercised good judgment and was generally successful. 
This same high sense of honorable dealing was carried into 
all business transactiims. ' His word was as good as his 
bond." 'J'his could be said at all times and \uu\vr all 
circumstances." 

]\Ir. Kand was a student of natiuc. He loved to *• hold 
comnumion with her visible forms." He made IVe(pu'nt 
pilgrimages to the forest lakes, and never denied himself 
the i)leasures of occasiimal hunts and fishing jaunts. In 
this sphere of recreation he i-anked with our brothers 
ShurtlefF and Aldrich in exct'llence and authority. He 
kept the habitation of the cam], lor long periods, and th(> 
sports of the gun and r()d and the j.ure breath of the 
mountains and woods were his medicine. In tins close 
contact with the wild forms of natiu'c his thouglit was stim- 
ulated and his i)hysical body strengthened. His form was 
tall and spare of fk'sh, but the muscles and sinews were 
strong, and the long journeys of the woodsman were more 
a pleasure than a task for him. He explored the lakes and 
rivers of New York, New England and Canada in his own 
canoe. He loved the sea shore an.l the sea. "i'ct he had 
nothmg of the spirit of the hermit in tluse tastes, l»ut 



22 HON. E1)WA1!1) DEAN' r.ANI). 

enjoyed Nature where he found lier heauty undevastated by 
artifieial changes, and !icr fastnesses unfrecjuented, e\en 
better in the companionship of congenial spirits tlian in 
solitude. AVhat we have learned of the birds, the beasts, 
the forests, tlie mountains, the lakes and the streams, from 
the books and superficial \ iew, he proved by actual associa- 
tion with these forms ; and as he reposed in the very arms 
of Nature, he listened, and learned her M'his})ered secrets. 

Ilis political [)rincij)les were determined early in life, and 
in respect to them his belief was sincere and his adherence 
constant. Pure methods in politics found in him the same 
persistent advocacy that he ga^•e to his political principles. 
During all the period of my ac(piaintance as boy or man, 
with his })osition, he was a Democrat and a leader. It may 
be he had political ambition. lie did not jjarade it in the 
public view. It may be he would have welcomed a call to 
place and power, which was not sounded. He raised for 
himself no cry of political hunger, distress, or disap[)oint- 
ment. He desi)ised self-seeking. It was in his creed that 
office Avas not to be sought or refused ; that public place 
was not to be bought or begged. 

''The wisest man could ask no more of fate 
Than to be siniplo, modest, manlj-, true ; 
Hafe from the many, — honored by the few ; 
Nothing to court in world, or Church, or State, 
But inwardly, in secret, to be great." 

He gave his voice, his strength and his time to his 
party's service. The peo[)lc loved to hear his voice in 
speech and debate. His denunciation of corrupt methods 
of gaining votes, either l)y juggling with the ])arty {prin- 
ciples or by the grosser forms of lying in argument and 
debauchment of the franchise, was bold, searching and 
unrestrained. He demanded the removal of the party 



I1(»N. KDWAIM) DKAN KAM). 



23 



collar and cliaiii tVoiii tlic neck of tlic siiltctrilinatc piiMic 
servant and (he siil)stitiitiim of stat('snie:i tor tlic hosscs i:i 
the superior places in government. The enunciaticjn of" 
this tenet of his f'aitli was no Icis positive after th m before 
his party came Into ascendency. In sliort he was a 
genuine ci\ il service reformer withoul anv e(piivocation or 
mental reservation. Whenever his party seemed to liiin 
to be drifting from the true faith he sounded the alarm In 
the party councils and before the people. He was pres- 
ident of a convention when the party represenatives de- 
clared for a ''stable currency." That expression was 
defined at the time by Col. Tom ^^'hIpple"s famous 
e])igram. fludgc Kand's opinion was not cxpi'csscd in llie 
other's striking brevity and Saxon simplicity : but it was 
to the same conclusion and with tlie same outspoken 
candor. From the jiarty he recel\ed on unfrecpient 
occasions, the lilghcst party dis'Inctions and the highest 
judicial honors in Its power to bestow. 

It would be out of place in a memoiial of a man of his 
unconiproniising integrity, to speculate upon the honors he 
might have enjoyed had he been the man lu; was not, — a 
time server, a ])olItIcal harlecpiln and hypocrite. 

As well in politics as In other fields of human contro- 
versy he was tolerant and catholic towards all who held to 
honest opinion which duty called him to antagonize. He 
conceded to others all the lll)erty of opinion that he 
claimed for himself or his party. How deeply this senti- 
ment moM'd in his thought we may judge by the ode In 
Mcinorlmii which he inscril)ed to flames A. (iaitield. 
"The spirit has tai<i'ii its flight 

AVherc tlie hnid and tlic waters meet. 
And never a nobler liijlit 

AVas crowned with inininrtal defeat. 



24 IIOX. EDWARD DEAN RAXD. 

Dead! Ity the inunnufing shore 

( )f the cold and passionless sea ; 
()! l)ravo, noble heart, nevermore 
< an its voices be music to thee, 
liclcased from the wearisome strife, 
The torture of laborinjj; breath, — 
Up into the glory of life, 
That gleams through the shadow of death." 
Of" lii.s moral character and ujiright life I have spoken. 
It is not niv purpose or ])rovince to define anothei''s creed. 
So far as he has stated his l)elief concerning things of the 
hereafter, he alone shonld be heard. 

THE SECOND VOICE. 

"Lift up thy saddened eyes in hope, thou child 

Of God. Can thought be born of tliat, which iiatli 

No power of thought? Whence comes thy wondrous soul, 

Uidess there somewhere be a grander Soul 

That touclies thine through laws that never change":' 

'l"he universe is vast indeed: Init He 

Who ])lanned and made it, fills it through and through,' — 

The smallest aton) and the largest star, — 

There is no point in space where Chaos reigns. 

Lean then securely on the Eternal I>aw, 

That rests upon the Everlasting Thought, 

And underlies all life and death. 'Lake thou 

The " Jlorning's wings'' and upward pass beyond 

The Pleiades, and this shall follow thee. 

And be around thee and within. And down 

Heneath the sea, the tiniest things that move 

In strange and sunless caves, are fashioned with 

^linutest cai'e, and live and die in strict 

Obedience to a still resistless Power. 

Each hair upon thy head, once broken from 

Thy life, shall tenderly be handed back 

Into the universal life, without 

JListe and without waste. Fearest thou that that 

Which is thy very self — thy soul — with its 

Prophetic and far-i'eaching thouglit, can be 

Forgotten? Fear it not, but strong in hope, 

Exultant in thy faith, go forth to meet 

The certain Life in Death, as if to meet 

A steadfast friend, who waits to welcome thee. 

For great benignant Nature, who in her 

Appointed way and time remend)ers all 

Things, nuist remember thee, and all the seed 

ller iiand hath scattered, and the harvest of 

Immortal fruit.*' 



